Understanding Terminologies/Concepts through Case-Studies As said in the foreword; learning through case-study mode} is basically to understand the “dynamicity” of the concepts and appreciate its practical part. UPSC — as the recruitment agency of Gol — has been brainstorming its testing methodologies so as to come up with something that can be in commensuration with the needs and demands that is entrusted upon a serving bureaucrat in the present world With India evolving from an emerging economy to a matured economy in the hyper-globalised world; the “pulls” and “pressure” ‘on the public servant is more than ever. Keeping this in mind and also appreciating the limitations of the theoretical pedagogy, UPSC has decided to go with the best and latest international practices of testing the acumen that would be required from a serving ‘publicservants’. After discussing the terms, concepts, and theories in previous chapters now, will deal with some case-studies. Through these case studies, we have tried to bring out the comprehensive understanding of the concepts, theories and its application. The case-studies are taken directly from the newspapers with some minor changes. This has been done to enhance the understanding of the readers as far as the situational-dilemma Is concerned. The criterion for selection of a particular news as Case study has been made on the basis whether that news item hi sufficient material to put it under any of the varied topics mentioned in the syllabus of the Paper IV. Further, some case studies hi je Council for Ethic: ‘ repute includ amnesic S in International Affai \cluding. "5 ~ to which we ve provided that “UPSC-touch” ~ 50 that th jcaherence t0 the syllabic content is ample nity factor Br acions plified with minimal | With these, we initiate the chapter with a slight bit of discussion, ___ Learning through Case Studies: A Brief Analysis. Paper IV is the most repeated term within UPSC aspirants And why not? This is the only domain that remains * a deciphered and well interpreted by the dikenotda eee with the UPSC preparation; whether that be aspirants or that be Coaching Institutes. Still, with the experience that CSC has in its hindsight and loads of content to fall back-upon; we feel that we can probably make the most correct and informed analysis of the same. ~ Within this context, we-presentthe whole-syllabic content - with its nuances endeavouring to test the bureaucratic ethics — in the form of case studies. It will be pertinent to communicate with our readers that the case study material has been taken from the newspapers (with minimal changes) — the Hindu, Indian Express, Business Line, Times of India and Mint ~ and thus maintains the journalistic tinge coupled with the reporting lingo. This has been done knowingly to bring to Your appreciation the whole context and that scenario so as to befittingly reply to the issues underpinning it. Further, language of case study — used in the practical ‘ciences (read Management Classes) — is like the e used. A case study and its associated scenario ‘ons are meant to test the psychological bringing out the humane qualities pedagogic 5 one we hav. wanting further deliberati make-up of the person Within him/her.CASESTUDIES 235 rere chapter on case study will go a long way to further ate on the subtleties of the text mentioned in the Lexicon. What is Case Study? i A case study is an account of an activity, event or problem comaentains a real or hypothetical situation and includes the iplexities one would encounter in the workplace. Case studies are used to help you see how the complexities of real life influence decisions. Analysing a case study requires you to practice applying your knowledge and your thinking skills to a real situation. To learn from a case study analysis you will be “analysing, applying knowledge, Feasoning and drawing conclusions” (Kardos & Smith 1979) According to Kardos and Smith (1979) a good case has the following features: 1. It is taken from real life (true identities may be concealed). 2. It consists of many parts and each part usually ends with problems. and_points for discussion. There may not be a cl Cut off point to the situation It includes sufficient information for the reader to treat problems and issues. 4. It is believable for the reader (the case contains the setting, personalities, sequence of events, problems and conilicts). So, in a nutshell; a case study gives you an opportunity to “participate” rather than be passive. It calls for a more engaged approach from the examinees and at the same time it is the best methodology at the hands of the examiner where he can test the probability of the presence/absence of the potential within the ‘candidate beyond what is available in a plain answer/question type exam. Hence, we have taken news events as case study. Each case study is examined and analysed from different perspective and provided with possible solution. 236 LEXICON i Case Study - The Best Strategy to “Tame” the “Unknown Elephant” in the Room Case Study requires the optimum approach. Taking the most judicious methodology of cause-effect dialogue form where sans being hyper-critical and hyper-judgmental about a scenario (mentioned in the case) what you can do to establish the optimized approach. In any case there is a cause and an effect for that; what you are expected to do is to: Break the chain of direct co-relational dynamics if you are to prove that, that particular cause has nothing to do with that effect; Or You have to doubly prove the the cause and its related effect. .ct correspondence with On the other hand, if you are asked to suggest/formulate anything for betterment than be judicious with the usage of the words. Any word has its subtle taste that is much deeper than its _ explicit meaning, counting on this aspect be cautious so that you do not distract yourself from the main issue. Economical usage of the words particularly for questions from this section’ has two benefits: First, it is best strategy for exam where every second counts, Secondly, it also prevents you from getting unnecessarily trapped in to write the same thing again and again without bringing in any novel idea. Also, it maintains your caution level so that you do not contradict yourself with what you had said in the beginning and what you will be saying at last. Case Study 1 Sr babu’s wife rejected for HC judge Supreme Court judge Justice T S Thakur has writte Chief justice of india opposing four names, including that of eae ifTor appointment Of judges “in J&K high court (HC) were send CASE STUDIES. 23; home secretary Anil Goswami’s wife Neeru Goswami, recommen by the Jammu & Kashmir high court for appointment as judges ‘A central government standing counsel in the high court, Neeru Goswami’s name along with three others from the minorit community was recommended by the J&K HC collegium to the apex court collegium — the final recommending authority fo appointment of judges in the higher judiciary. Thakur expres reservation on all four names and asked the SC collegium t send the names back to the J&K high court for reconsideratio Thakir is slated to become the CJ! in December 2015 an will have a tenure of a little over one year. ‘As per the procedure for appointment of HC judges, the a court collegium headed by the CjI sought Thakur’s opinion as hi had belonged to the J&K HC. Thakur was appointed an additi judge of the J&K HC in February 1994 and moved to Karnatal HC as judge in March 1994. “The news was published on 29th April, 2074 in the Times of India Premise: “The news quotes that four names, recommend reconsideration by a senior judge of Supreme Court, who is ni in line to become Cj. Among those rejected, was the name the wife of a senior bureaucrat (Union Home Secretary), despit of the fact that she is a senior and experienced advocate of J& HC and her name was recommended by the collegium of judg of HC. She also has the support of the Bar Council.” Question ; Does the judges of SC has an absolute say over the appointment of judges of HCs? Does, the conferment of si an absolute powers amount to lack of accountability mechanisms ii Judiciary? In this light, discuss the system of judicial appointment in India. Do you feel that a reform in system of appointment o! judges is the need of the time? This case comes under the following topic © Accountability and ethical governance & 1B LEXICON, A ’ places Super lia has a system of integrated judiciary. The system Gites lee ‘Ourt (SC) at the apex of criminal justice system. where centre and st i an lates have their own separate ane piapendent courts, in India, all the high courts (HC) of The consteuith the subordinate courts are placed under the SC jurisdiction vite ndlia has also empowered SC with appellate it fC ildgements of cree entertains the appeals against the verdict and Clause with the a of a High (1) of Article 217 of the Indian Constitution deals Reointment of judges in HC. It says that “every judge fe peat shall be appointed by the President by warrant Justice of ime gad Sea! after consultation with the Chief een: the Governor of the State, and, in the case of Justice of dhe nudge other than the Chief Justice, the Chief lens fe High Court. A reading of this clause shows that made after eointment is made by the President, it has to be ela pesos with three authorities, namely, the Chief Bee ct ila, the Governor of the State and the Chief Justice eae el Court. (in the matter of appointment of Chief Justice, Gonsultation with the Chief Justice is not Fequired). Here the word ‘consultation’ is , most important and court has, from time to time, has given its interpretation In first judges case (1982) SC ruled that ‘consultation’ did not mean ‘concurrence’ and recommendation of Cj is not binding. However in the next ruling in second judges case (1993) the court reversed its earlier judgement and held that ‘consultation’ means ‘concurrence’. The décision laid down that the recommendation for appointment to the High Court shall be made by the Chief Justice of the concerned High Court in consultation with his two senior-most colleagues. The opinion of the Chief Justice of India was given primacy in the matter and was to prevail over that of the Governor of the State or even that of the High Cour, if inconsistent with his view. It further held that in giving recommendation, C} has to consult 2 of the senior most judges of SC. This was reaffirmed in third judge case (1998) and SC ruled that CJi has to consult a —